A quitclaim deed is a document often used by relatives to transfer ownership of a property. No money is involved in the transfer, and no title search is completed to verify ownership of the property.
In fraudulent cases, a false signature of the owner paired with a negligent or complicit notarization is recorded against the property. Mobley said this was her experience.
She found out last year that her property transferred ownership when she received a summons in the mail naming her as a defendant in a mortgage foreclosure case. Her case has progressed in court for nearly a year, falling at a time where she was also battling and recovering from lung cancer.
Mobley is a radio and television personality and a former Jefferson Twp. School Board member.
Montgomery County property records show that the house was in her possession in 2010, but transferred to Rush Plaza Corp., owned by Demetrious Rush, in 2012 through a quitclaim deed.
Mobley said she was working with a realtor to put the property up for sale when she began negotiating an agreement with Rush. Court records show that Rush signed a delinquent tax contract to make payments on taxes for the residence.
Mobley said she was in Georgia for work at the time the quitclaim deed was notarized in 2012, and her signature was forged on the document.
Montgomery County Common Pleas Court records show email exchanges between the Montgomery County Recorder’s Office and a Montgomery County Prosecutor’s Office detective, stating the 2012 quitclaim deed for Mobley’s home appears to be a fraudulent document.
She tried to pursue criminal charges but was told by the Montgomery County Prosecutor’s Office that was not possible because Rush died in 2017.
Rush was the owner of Gold Rush Jewelers in Dayton. The attorney representing his estate did not return a request for comment.
The property has accumulated more than $13,000 in delinquent taxes, according to Montgomery County Auditor’s Office records. This delinquency could be shifted to Mobley if she reclaims the Hackett Drive house, she said.
Montgomery County Recorder Stacey Benson-Taylor in December reported that her office has seen an uptick in complaints related to quitclaim deeds.
What used to be one to two complaints per month in 2021 has turned into two to three complaints per week or more, Benson-Taylor said.
The Montgomery County Recorder’s Office operates a free notification system to keep property owners in the loop for documents related to their properties.
Those enrolled in The Fraud Alert Notification System (FANS) can opt to receive an email, a letter or both whenever a deed, a mortgage or a lien is filed on parcels enrolled in the service. Residents can enroll on the county recorder’s website or at its office.
Since the start of Benson-Taylor’s campaign to point community members to the resource, 5,000 parcels have signed up for FANS.
“It’s important that we’re having conversations about this,” Benson-Taylor said. “It’s about helping people understand this is an issue and there are ways we can help protect your property.”
The Montgomery County recorder said her office is also referring potential cases of fraud to the prosecutor’s office, and people seeking legal assistance can connect with the Greater Dayton Volunteer Lawyers Project.
Mobley said she is representing herself in court due to not being able to afford the $20,000 estimated cost of an attorney and not qualifying for other legal aid.
Costly still are the court fees charged to her case, and the emotional cost is immeasurable, Mobley said. She feels a county fund for victims would help people impacted by fraud and serve as an accountability measure for county officials who process property documents.
“If I’m going to fight, I’m going to fight for all of us,” Mobley said. “This movement is for the people.”
Mobley said her next court hearing is scheduled for Wednesday.
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